2015 New York City Bankruptcy Conference, 2014

Discussion about unanticipated and anticipated problems in chapter 11 cases in which all or substantially all of the assets are being sold in a § 363 sale; “pay to play” arguments by unsecured creditors; should bankruptcies be run exclusively for the benefit of secured creditors?; presale orders regarding the use of sale proceeds; funding of wind-down costs and payment of administrative claims; post-sale chapter 7 conversions

Nortel (involving two courts simultaneously trying allocation issues); Kelmsley (U.S./U.K. courts regarding anti-suit injunction); ABC Learning/Fairfield Sentry (circuit court cases involving chapter 15 recognition); troubled foreign banks’ use of chapter 15 (Anglo Irish, Banco Pontual S.A.); In re Barnet (Octaviar)